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2008 07 01 CC MinutesLA QUINTA CITY COUNCIL MINUTES JULY 1, 2008 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. EVALUATION OF CITY ATTORNEY PERFORMANCE -GOVERNMENT CODE SECTION 54957. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. City Attorney Jenson announced Chairman Kirk recused himself during Redevelopment Agency Closed Session Item No. 3 due to a potential conflict of interest as his residence is within 500 feet of the project. PUBLIC COMMENT -None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None City Council Minutes 2 July 1, 2008 PRESENTATIONS Lieutenant Ray Gregory introduced the addition of Deputy Robert Wiggs as a motor officer and Community Services Officer Bridgette Delaney to the traffic services team for the City of La Quinta. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 17, 2008, as submitted. Motion carried unanimously. MOTION - It was moved by Council Member Sniff/Osborne to approve the City Council Special Meeting Minutes of June 19, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Kirk requested Item Nos. 10 and 1 1 be taken up separately due to a potential conflict of interest as Coral Option 1, LLC is a related Drummond entity, which is his employer. 1. APPROVAL OF DEMAND REGISTER DATED JULY 1, 2008. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ASSISTANT CITY MANAGER-DEVELOPMENT SERVICES AND TWO MANAGEMENT ANALYSTS TO ATTEND THE ICSC WESTERN DIVISION CONFERENCE IN SAN DIEGO, CALIFORNIA, SEPTEMBER 10-12, 2008. 3. APPROVAL OF A JOINT USE AGREEMENT WITH THE BOYS & GIRLS CLUB OF THE COACHELLA VALLEY, PRESIDENT GERALD R. FORD BOYS & GIRLS CLUB OF LA QUINTA. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE RECREATION SUPERVISOR TO ATTEND THE REITZ MARKETING AND REVENUE SOURCES MANAGEMENT SCHOOL IN SAN DIEGO, CALIFORNIA, SEPTEMBER 7-10, 2008. City Council Minutes 3 July 1, 2008 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32068, GOLD RESERVE AT THE CITRUS, POMELO PACIFIC, LLC. (RESOLUTION NO. 2008-045) 6. APPROVAL OF A MAINTENANCE SERVICE AGREEMENT WITH CLEAN STREET TO PROVIDE STREET SWEEPING SERVICES FOR FISCAL YEAR 2008/2009. 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY MANAGER AND ASSISTANT CITY MANAGER-MANAGEMENT SERVICES TO ATTEND THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION (ICMA) ANNUAL CONFERENCE IN RICHMOND, VIRGINIA, SEPTEMBER 21-24, 2008. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 24-27, 2008. 9. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE A CITYWIDE UTILITY UNDERGROUNDING FEASIBILITY STUDY. 10. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31681-1, ANDALUSIA, CORAL OPTION 1, LLC. (See separate action below.) 11. ACCEPTANCE OF ONSITE AND OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31681-2, ANDALUSIA, CORAL OPTION 1, LLC. (See separate action below.) 12. APPROVAL OF AN OPERATIONAL AGREEMENT WITH THE COUNTY OF RIVERSIDE FOR THE COACHELLA VALLEY VIOLENT GANG TASK FORCE. 13. APPROVAL OF AN INDEPENDENT ACCOUNTANT'S REPORT ON AGREED UPON PROCEDURES FOR THE ADAMS STREET BRIDGE IMPROVEMENT PROJECT. 14. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 2008/2009. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 10 and 11 and with Item No. 5 being approved by RESOLUTION NO. 2008-045. Motion carried unanimously. City Council Minutes 4 July 1, 2008 Item Nos. 10 and 11: MOTION - It was moved by Council Members Sniff/Osborne to approve Consent Calendar Item Nos. 10 and 11 as submitted. Motion carried 4-0-1 with Council Member Kirk abstaining. BUSINESS SESSION 1. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH KINER COMMUNICATIONS FOR PROFESSIONAL MARKETING SERVICES FOR FISCAL YEAR 2008/2009. Council Member Osborne recused himself from participating on this item due to a potential conflict of interest as Kiner Communications is a client of his accounting firm, and he left the dais. Management Analyst Casillas presented the staff report. In response to Mayor Adolph, Management Analyst Casillas stated staff attempted to budget an amount for Fiscal Year 2008/2009 that is close to last year's amount, and explained new programs added this year. Scott Kiner, of Kiner Communications, explained the billboard shown on screen during the U.S. Open is controlled by KMIR-TV. Council Member Henderson noted although the marketing budget is higher this year, the City Council will review and approve the programs; and stated this is not the time to fall back on the marketing aspect. Mr. Kiner stated the current economy is a buyer's market. Council Member Henderson commented on a peel-off card promoting restaurants in Rancho Mirage that was included in conference materials at the recent Coachella Valley Association of Governments (CVAG) annual meeting. Andrea Carter, of Kiner Communications, announced Kiner Communications recently won a Bronze Tele Award. Council Member Sniff stated he has noticed the City of Rancho Mirage is placing advertising similar to La Quinta; stated there should be a significant emphasis to the City of La Quinta during the television commercials; stated these are more competitive times, and judicious advertising can have tremendous value to the City; it is important to support the revenue City Council Minutes 5 July 1, 2008 producers because they are vital to the City; and he complimented Kiner Communications for doing an excellent job. Council Member Kirk conveyed support for a contract with Kiner Communications, and for marketing specific City programs; and stated his concerns about generic advertising is known. MOTION - It was moved by Council Members Kirk/Henderson to approve a Contract Services Agreement with Kiner Communications for professional marketing services for Fiscal Year 2008/2009 in the amount of 5322,300, including a Cooperative Marketing Program with La Quinta Hotels for an additional not-to-exceed amount of S 1 17,000 (implementation and funding contingent upon future City Council approval-; and authorize the City Manager to execute the contract. Motion carried by vote of 4-0-1 with Council Member Osborne abstaining. 2. CONSIDERATION OF A RESOLUTION TO DESIGNATE A REDEVELOPMENT SURVEY AREA FOR A PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. Redevelopment Consultant Spevacek presented the staff report. RESOLUTION NO. 2008-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES FOR THE PROPOSED AREA TO BE ADDED BY THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2008-046 as submitted. Motion carried unanimously. 3. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD-HOC COMMITTEE TO REVIEW THE 1ST QUARTER (JULY 2008 - SEPTEMBER 20081 GRANT REQUESTS. Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton stated 5100,000 has been budgeted for the Community Services Grant City Council Minutes 6 July 1, 2008 Program for Fiscal Year 2008/2009. She explained the amount approved for grants each quarter is determined by the City Council. Staff has not made any effort to designate an amount to allocate each quarter. Council Member Henderson noted the Ad-Hoc Committee makes a recommendation, and it is up to the City Council whether or not to approve them. Mayor Adolph stated he feels the current process functions very well. MOTION - It was moved by Council Members Kirk/Osborne to appoint Council Members Henderson and Osborne to serve on the Community Services Grant Review Ad-Hoc Committee for the 15L Quarter (July - September 20081. 4. CONSIDERATION OF CITY POLICIES FOR THE DONATION OF ARTWORK. Community Services Director Hylton presented the staff report. In response to Council Member Osborne, Community Services Director Hylton explained the proposed policy requires the donator to pay for installation of the art piece they want to have displayed, and the City would be responsible for maintenance of the art piece. She explained the cost of materials to display and install a quilt recently donated for the Library was paid for by the donator, and they understood the costs associated with the donation. Council Member Henderson expressed concern that the policy seems to discourage donations. Community Services Director Hylton stated that was not the intent, and explained the installation and long-term maintenance costs involved. Council Member Henderson suggested the possibility of establishing a grant fund for when someone who wants to donate artwork but cannot afford the installation costs. Council Member Osborne noted it is up to the City Council whether or not they want to accept a donation, and he feels it is wrong to charge someone for a donation. Council Member Kirk asked if there is a separate program for non-memorial donations, and if not, what is the reason for having a detailed program for a memorial donation. Community Services Director Hylton explained the policy would apply to both memorial and non-memorial donations. She confirmed City Council Minutes 7 July 1, 2008 eliminating the word "memorial" would not change the program, and that the form can be modified to use for either donation. Council Member Sniff commented on the need for the City Council to be discerning in accepting art donations, and the difficulty of turning them down. As for charging donators, he noted people who have stars on the Hollywood Walk of Fame have to pay for them. He suggested extreme caution in this matter, and inquired as to who would determine if there is any value in the donated artwork. City Attorney Jenson explained the artwork is reviewed by the Community Services Commission, and they make a recommendation to the City Council. City Manager Genovese explained staff's only support would be in presenting the application to the Commission or the City Council. City Attorney Jenson stated the City Council could direct staff to bring forward only those art donations that staff feels has artistic merit. Council Member Sniff stated maybe that should be considered to avoid having this get out of control. In response to Mayor Adolph, Community Services Director Hylton explained the difference between a donation to the City and a donation to the museum is that a piece donated to the museum would be owned by the Historical Society. As for the cost of installation, she explained it could range from very inexpensive for something as a picture to more expensive if it is a heavy specialty piece or a sculpture. Mayor Adolph stated he could understand the concern if the City was inundated with donations, but the City has received only a few donations during the past years and they were nice items. Council Member Henderson expressed concern about giving staff discretion in evaluating artwork donated to the City. Council Member Kirk stated he is supportive of having a policy, and noted the City Council always has the discretion of ignoring it if they choose. He suggested having one application to receive all art donations, and that it include an introductory paragraph explaining the process and reason for requiring payment of installation costs. He commented on the challenge of rejecting donations, and suggested establishing a waiting period of 12 months to consider memorial donations. Council Member Sniff agreed, and suggested including a disclaimer on the application stating that the donated artwork may possibly not be accepted. City Council Minutes 8 July 1, 2008 MOTION - It was moved by Council Members Kirk/Henderson to adopt policies and procedures for the donation of artwork for public display, including the above-mentioned suggestions, and direct staff to bring a revised policy back as a Consent Calendar Item on a future agenda. Council Member Osborne stated he will reluctantly support the policy, but expressed opposition to requiring the donator to pay for installation costs. Motion carried unanimously. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS League of California Cities -Council Member Henderson reported she is chairing a subcommittee under the Revenue and Tax Committee that is reviewing the Streamline Sales and Use Tax generated by internet sales. She reviewed the diverse types of transactions conducted on the internet, including TOT, and stated 22 states have adopted the document, excluding California. She will distribute material for the City Council's reference, and explained city, county and state ordinances must be changed when adopting the document. In response to Council Member Sniff, she stated other states have reviewed and adopted the document, and the League has been in contact with them to question how it is working for them. She noted each State will have one vote because it is not based on population. Council Member Henderson also reported on: legislation regarding Livermore and Fillmore; the Hilton Hotel entities and Starwood working with the League on uniform rules regarding collection of TOT; an initiative on the November ballot entitled "The Safe Neighborhood Act" that would lock in a total of 51 billion from the State general fund, including 5965 million in discretionary funds the State has traditionally given to cities for the COPS programs; and an amendment to the Spay/Neuter Bill AB 1634, mandating the spaying/neutering of dogs and cats along with fines when Animal Control or Code Enforcement is called out on complaints (two calls for dogs and three calls for cats. CVAG Homelessness Committee -Council Member Osborne reported Riverside County will be funding the Westside facility and maintain the programs; stated nothing further has been done for the Eastside facility; the Committee has established a formula for each city, but none of the cities can afford the cost; explained the County's approach to eliminate homelessness is to provide free City Council Minutes 9 July 1, 2008 housing; and reported the County will be conducting another count of the homeless in January 2009, including La Quinta. City Manager Genovese stated staff has expressed concern to CVAG about the CVAG formula being utilized for funding of a homeless shelter, either in the east or west Valley; and stated he has indicated the City may not necessarily fund the west facility as there may be other shelters to which the City may wish to provide funding. CVAG Executive Committee -Mayor Adolph reported the Executive Committee approved a balanced budget, and 75% funding for the Fred Waring Drive street improvements. SunLine Transit Agency -Mayor Adolph stated the Board approved a balanced budget, and postponed discussion of the taxi cab issue. He stated Palm Springs Mayor Pougnet is looking for support for the Palm Springs City Council to take over taxi cab regulation. In response to Council Member Kirk, he confirmed it would include all taxi services in the Valley except a few independent operators that do not wish to be a part of the regulation. All other reports were noted and filed. DEPARTMENT REPORTS 1-C. UPDATE ON GREEN SUSTAINABLE PROGRAM. In response to Council Member Osborne, Assistant City Manager- Development Services Evans explained the preliminary budget figure of S50,000 for the CVWD Village Police Substation Conservation Program includes a fair amount of contingencies, and can be reduced. He stated the location could be utilized as a demonstration program for the community. Council Member Osborne stated he feels it is an extraordinary amount, and questioned the backyard being a suitable view for a demonstration program. Assistant City Manager-Development Services Evans noted the front yard is viewable from the street, and the City Council will have an opportunity for a comprehensive review of the project. Council Member Kirk stated he is unsure the project is the best allocation of funds, and asked if it will come back to the City Council before expenditure of funds. Assistant City Manager-Development Services Evans confirmed City Council Minutes 10 July 1, 2008 the program will come back to the Agency for approval, and noted adjustments can be made to the project during final consideration of the budget. 5. COMMUNITY SERVICES DEPARTMENT. Council Member Osborne asked about a S20 fee at the La Quinta Museum as reported in the newspaper listing of recreational programs. Community Services Director Hylton stated programs provided by the City have been free, but staff will look into the matter. 1-B. QUARTERLY MARKETING REPORT. Council Member Henderson inquired about the City Council not having a chance to review the "Green is Certifiably Gold" mailer included with the report, and suggested adding some background voice or music to the referenced webpage. She also asked for clarification on the gold or platinum certification. Assistant City Manager-Development Services Evans confirmed gold certification of the project has not yet been received, but that certification is certain. The project has also been submitted for platinum, and a rater has indicated that it will be recommended for platinum. He stated the mailer was not submitted to the City Council because staff was strategically timing the release into the industry. Redevelopment Consultant Spevacek explained review for LEED certification was completed two weeks ago, and staff was informed that all 80 units will be submitted for platinum status. He stated notification should be received within 30 days. In response to Mayor Adolph, Assistant City Manager-Development Services Evans stated a project in the City of Palm Springs may have been proposed for gold certification, but it has not started construction. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Osborne stated the County has adopted the Vista Santa Rosa Task Force Land Use Plan, and asked about the next General Plan update. Planning Director Johnson stated staff is currently working on the scope of work and hopes to have an RFP prepared by September or October; and stated the review is an 18 to 24 months process. City Council Minutes 11 July 1, 2008 Council Member Osborne stated he hopes the Vista Santa Rosa Task Force Land Use Plan is within the General Plan update information. Council Member Henderson stated she supports reviewing the Land Use Plan to see how it would work with our City, but she does not agree with it. Mayor Adolph stated a letter has been received from a citizen requesting the allowance of fireworks in the City, and he has asked staff to send a letter explaining why they are not allowed. City Manager Genovese confirmed staff will respond, and stated a discussion regarding a Fourth of July fireworks show in 2009 will be brought before the City Council at a future meeting. Mayor Adolph announced he has been invited to give a presentation before the Board of Realtors, and thanked staff for their assistance in compiling the information. Council Member Osborne commented on the substantial number of rentals in the Valley that should be paying Transient Occupancy Tax, but are not. He feels the City will need to address this matter sometime in the future. The City Council recessed to the Redevelopment Agency meeting. Mayor Adolph reconvened the City Council meeting and recessed it to Closed Session to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 12 July 1, 2008 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING AONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A 19,433 t SQUARE-FOOT, TWO- STORY OFFICE BUILDING WITH COFFEE HOUSE LOCATED ON LOT 77 AT THE NORTHWEST CORNER OF MAIN STREET AND AVENIDA LA FONDA. APPLICANT: NISPERO PROPERTIES. Planning Manager Sawyer presented the staff report. In response to Council Member Henderson, Planning Manager Sawyer explained the Planning Commission postponed this matter to ensure all concerns were addressed in the conditions of approvals, and specifically addressed the water feature and bike rack issues. The Mayor declared the PUBLIC HEARING OPEN. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:07 p.m. RESOLUTION NO. 2008-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF A ONE-YEAR TIME EXTENSION FOR VILLAGE USE PERMIT 2005-032 FOR THE CONSTRUCTION OF A 19,4331 SQUARE-FOOT, TWO-STORY OFFICE BUILDING WITH COFFEE HOUSE (NISPERO PROPERTIES, INC.1. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2008-047 as submitted. Motion carried unanimously. The City Council meeting was recessed to Closed Session. The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act). City Council Minutes 13 July 1, 2008 ADJOURNMENT There being no further business, the City Council concurred to adjourn the meeting. Res a fu~lly~~: VERONICA J. City of La Qu VTECINO, City Clerk California